Terms & Agreement Back
The Application & Agreement, Terms, Conditions, Policies and Procedures are specifically incorporated herein by reference. They form the Agreement between: Greater Apparel, LLC ("Company") and the Applicant (also referred to as Affiliate). They shall be effective only upon acceptance by the Company:
Greater Apparel, LLC.
1. AFFILIATE may only have ONE account with Greater Apparel, LLC.
2. AFFILIATE understands that he/she is not compensated for referring other AFFILIATES but earns compensation solely on the sale of products and/or services, to which our Marketing Platform is a Product.
3. AFFILIATE is free to participate in other network marketing, direct selling, or multi level marketing business ventures or marketing opportunities.
4. AFFILIATE is of legal age in the state/province or country in which Greater Apparel, LLC resides.
5. AFFILIATE will only be compensated for commission based on sales purchased through their custom generated sales rep code.
6. AFFILIATE agrees that Greater Apparel, LLC is not responsible or liable for any materials posted by AFFILIATE(S).
7. AFFILIATE SHALL NOT misrepresent any company's products, services, operations, staff, or business opportunity.
8. AFFILIATE shall not represent or imply, directly or indirectly, that any company has been approved or endorsed by any governmental agency. (Federal and State regulatory agencies do not approve or endorse any marketing company product or programs.)
9. AFFILIATE will not make any claims of any kind pertaining to the benefits of any company’s products and services except those given in official company promotional media. When presenting any Company program to others, AFFILIATE shall present the program in its entirety, without omission, distortion or misrepresentation.
10. AFFILIATE takes full responsibility for any and all material posted and will do so in accordance with Greater Apparel, LLC Terms, Conditions, Policies, and Procedures.
11. AFFILIATE will indemnify and hold the Greater Apparel, LLC harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of AFFILIATE statements, materials or actions in violation of this agreement.
12. AFFILIATE agrees that breach of any part of this agreement is grounds for immediate termination by Greater Apparel, LLC.
13. In the event that any check (monies) by any method is returned unpaid, I authorize Greater Apparel, LLC to debit my account for the face amount plus up to a 10% failed payment processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought current I could forfeit certain rights and privileges, including commissions.
14. Company will retain full authority to accept or reject any Application. Such refusal is solely within the discretion of the Company. No right of action against Company will arise because of any such acceptance or refusal.
15. Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s) or by publication in official company literature or posted to AFFILIATE. AFFILIATE agrees to be bound by these changes. Changes will become part of the agreement upon notification.
16. Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
17. Company does not require AFFILIATE to refer anyone.
18. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that AFFILIATE has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
19. Company requires that all AFFILIATES obey the letter and the spirit of the law.
20. AFFILIATE states that he/she has not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming an AFFILIATE of Greater Apparel, LLC will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.
21. AFFILIATE agrees to comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business.
22. AFFILIATE may only be compensated if he/she resides within the United States of America or Canada.
23. AFFILIATE agrees to accept the sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as an AFFILIATE. The Company will file appropriate tax earnings report forms on each AFFILIATE at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
24. AFFILIATE shall provide appropriate SSN or FEIN, if requested by company for revenue purposes.
25. Greater Apparel, LLC will contact the new AFFILIATE by e-mail or letter to obtain the required information from the AFFILIATE. If the AFFILIATE has reached a total of $600 in earnings and Greater Apparel, LLC has not received the Social Security Number and/or Federal Identification Number from the AFFILIATE on a completed and signed W-9 Form, Greater Apparel, LLC will begin withholding up to 33% from earnings until the required information is received. Once Greater Apparel, LLC receives the AFFILIATE’S Social Security Number or Federal ID Number on a completed and signed W-9 Form, Greater Apparel, LLC will stop the 33% withholding from AFFILIATE’S future earnings. AFFILIATES who do not provide accurate Social Security Number or Federal ID Number information may be subject to a penalty fee.
26. AFFILIATE agrees that the Greater Apparel, LLC is not be liable for city, county, state, local and country/federal income taxes, sales taxes or other fees pertaining to sales and earnings of an AFFILIATE and AFFILIATE will hold the company harmless from all of same.
SECTION TWO: TERM & RENEWAL
Subject to the terms of Section 4.01, the Agreement shall have a term which shall begin on the date of acceptance by Company and end one year from the date thereof (the “Anniversary Date”).
AFFILIATE must renew annually, on the Anniversary Date and AFFILIATE has the right to decline to accept any renewal at its sole discretion. Company may require that AFFILIATE execute a new Agreement upon renewal. AFFILIATE not renewing by the renewal date shall be deemed to have voluntarily terminated their AFFILIATE relationship with Company, and thereby lose their AFFILIATE entity, all referral rightsand all rights to commissions and bonuses. AFFILIATES who fail to renew their AFFILIATE status may not reapply under a new refer for three (3) months after non-renewal.
SECTION THREE: REFERSHIP
AFFILIATE may refer other AFFILIATES to Greater Apparel, LLC. AFFILIATE must ensure that each potential new AFFILIATE has reviewed and has had access to the current Policies and Procedures, Terms and Conditions, prior to or when giving the individual an Agreement.
3.02 INCOME CLAIMS
AFFILIATE must truthfully and fairly describe the AFFILIATE. No past, potential or actual income claims may be made to prospective AFFILIATES, nor may AFFILIATE use their own incomes as indications of the success assured to others. Commission checks may not be used as marketing materials. AFFILIATE may not guarantee commissions or estimate expenses to prospects.
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) AFFILIATE may voluntarily terminate his or her AFFILIATE status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Company. Voluntary resignation is effective upon receipt of such notice by Company.
b) AFFILIATE who resigns or terminates their AFFILIATE status may reapply as AFFILIATE, three (3) months after resignation.
AFFILIATE may be immediately terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, Terms and Conditions and the AFFILIATE and other documents produced by Company upon written notice. Company may terminate a violating AFFILIATE without placing the AFFILIATE on suspension, at Company's sole discretion. When the decision is made to terminate AFFILIATE, Company will inform the AFFILIATE in writing at the address in the AFFILIATE'S file that the termination has occurred.
If AFFILIATE wishes to appeal the termination, Greater Apparel, LLC must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If AFFILIATE files a timely notice of appeal, Company will review the appeal and notify the AFFILIATE of its decision within ten (10) days after receipt of the appeal. The decision of Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
4.04 EFFECT OF TERMINATION
Immediately upon termination, the terminated AFFILIATE:
a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Company.
b) Must cease representing themselves as AFFILIATE of Company;
c) Loses all rights to his or her AFFILIATE position in the Company and to all future commissions and earnings resulting there from;
d) Must take all action reasonably required by Company relating to protection of Company's confidential information. Company has the right to offset any amounts owed by AFFILIATE to Company including, without limitation, any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the AFFILIATE.
The acceptance of any reapplication of a terminated AFFILIATE or the application of any family Affiliate of a terminated AFFILIATE shall be at the sole discretion of Company and can be denied.
4.06 STATE LAWS
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
SECTION FIVE: PROPRIETARY INFORMATION
5.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to AFFILIATE’S con-fidential information, including, but not limited to genealogical and Down line reports, customer lists, customer information developed by Company or developed for and on behalf of Company by AFFILIATE’S (including, but not limited to, credit data, customer and AFFILIATE profiles and product purchase information), AFFILIATE lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Company and is transmitted to AFFILIATE in strictest confidence on a “need to know” basis for use solely in AFFILIATE’S business with Company. AFFILIATE must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use this information for any non-company activity directly or indirectly while a AFFILIATE and thereafter.
AFFILIATE must not use the information to compete with Company or for any purpose other than promoting Company's program and its products and services. Upon expiration, non-renewal or termination of the Agreement, AFFILIATE must discontinue the use of such confidential information and promptly return any confidential information in their possession to Company.
5.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from Company, AFFILIATE must abide by all manufacturers' use restrictions and copyright protections.
5.03 VENDOR CONFIDENTIALITY
Company's business relationships with its vendors, manufacturers and suppliers are confidential. AFFILIATE must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of Company except at Company referred events at which the supplier or manufacturer is present at the request of Company.
SECTION SIX: TRADEMARKS, LITERATURE & ADVERTISING
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
6.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by Company or approved in advance in writing by Company may be used to advertise or promote an AFFILIATE'S business or to sell products and services of Company. Company's literature and materials may not be duplicated or reprinted without the prior written permission.
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and communications. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, AFFILIATE’S may not represent or imply, directly or indirectly, that Company's programs, products or services have been approved or endorsed by any governmental agency.
SECTION SEVEN: GENERAL PROVISIONS
7.01 INDEMNITY AGREEMENT
Each and every AFFILIATE agrees to indemnify and hold harmless Company, its shareholders, officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the AFFILIATE’S (a) activities as AFFILIATE; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
7.02 PROCESSING CHARGES
Company reserves the right to institute a processing charge for commission checks and/or genealogy requests.
7.03 OTHER SERVICES & PRODUCTS
AFFILIATE may not promote or sell another company's products or services at functions organized to feature Company's products. AFFILIATE’S are not restricted from selling other company's services and products which are not similar to or competitive with the products and services of Company. However promotion of competitive services, products and/or business programs with anyone, including AFFILIATE’S, is strictly prohibited.
To the extent permitted by law, Company shall not be liable for, and each AFFILIATE releases Company from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by AFFILIATE as a result of (a) the breach by AFFILIATE of the Agreement and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of AFFILIATE'S business; (c) any incorrect or wrong data or information provided by AFFILIATE; or (d) the failure to provide any information or data necessary for Company to operate its business, including, without limitation, the enrollment and acceptance of AFFILIATE into the AFFILIATE’S or the payment of commissions and bonuses.
Company encourages all AFFILIATES to keep complete and accurate records of all their business dealings.
7.06 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party's usual source of supply.
It is the obligation of every AFFILIATE to abide by and maintain the integrity of the Policies and Procedures and Terms and Conditions. If AFFILIATE observes another AFFILIATE committing a violation, he or she should discuss the violation directly with the violating AFFILIATE. If the AFFILIATE wishes to report such violation to Company, he or she must detail violations in writing only and mark the correspondence “Attention: Legal Department”.
Company reserves the right to amend the Agreement, Policies and Procedures, Terms and Conditions, its retail prices, product and service availability and the AFFILIATE type at any time without prior notice as it deems appropriate. Amendments will be communicated to AFFILIATES through official Company website and or official Company publications. Amendments are effective and binding upon submission to the Company website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control.
7.09 NON-WAIVER PROVISION
No failure of Company to exercise any power under these Policies and Procedures or to insist upon strict compliance by AFFILIATE with any obligation or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Company's right to demand exact compliance with these Policies and Procedures. Company's waiver of any particular default by AFFILIATE shall not affect or impair Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other AFFILIATE. No delay or omissions by Company to exercise any right arising from a default effect or impair Company's rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
7.10 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the laws of Los Angeles CA United States.
In the event a dispute arises between the Company and a AFFILIATE regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the AFFILIATE Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Los Angeles CA United States. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney’s fees and costs to the prevailing party. An award of attorney’s fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
7.12 ENTIRE AGREEMENT
The Policies and Procedures are incorporated into the Agreement and, along with the Terms and Conditions and AFFILIATES, constitute the entire agreement of the parties regarding their business relationship.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures and Terms and Conditions, or any specification, standard or operating procedure which Company has prescribed is held to be invalid or unenforceable, Company shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the AFFILIATE shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
7.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND AFFILIATE HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE AFFILIATE AND ANY COMMISSIONS OWED TO THE AFFILIATE.
Any communication, notice or demand of any kind whatsoever which either the AFFILIATE or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, Email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
Greater Apparel, LLC